Product Selection and Suitability
Most products or goods (Products) offered by QHUI are obtained from multiple supply sources, located throughout China and internationally. Many countries, provinces, states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While QHUI attempts to ensure that its Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. QHUI makes every reasonable attempt to ensure the quality of these supply sources and the products they offer. As these products are dynamic and versatile, QHUI shall not be responsible for how products are used or installed and the Product’s conformance to territorial codes or regulations. Please review the Product materials and application, and relevant code, regulations or ordinances, to be certain that the Product, its installation, and use will satisfy these requirements. In no event will QHUI be responsible for any loss or damage arising out of Purchaser’s improper selection, misapplication or misuse of a Product.
Limited Warranty
QHUI warrants, for various period after delivery that all Products delivered to Purchaser hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Depends on the products , each products has specified warranty period,Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify QHUI of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice to QHUI.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS PURCHASE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QHUI ’S LIABILITY FOR PURCHASER’S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Cancellation and Returns
QHUI must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products may not be cancelled or returned (except for non-conformities). Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. All returns should be made to QHUI must be in resalable condition and need to be accompanied with an Invoice. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible.
Security Interest
Purchaser grants to QHUI a priority lien, security or collateral interest in the Products and any accounts receivable or cash from the resale of the Products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce QHUI’s rights hereunder.
Published Product Information
QHUI reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. QHUI reserves the right to revise catalog information at any time, without notice, and QHUI will not be responsible for any pricing errors contained therein. QHUI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
Hazardous Products Information
Material Safety Data Sheets (MSDS) for controlled products as defined by rules or regulations established in certain counties are available by request in advance. The information and recommendations contained on the MSDS supplied by the manufacturer is considered to be accurate and reliable. QHUI does not, however, make any warranty concerning the accuracy of the information or the suitability of the recommendations. Fastenal disclaims any and all liability to Purchaser and/or any other user.
Force Majeure
QHUI will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of Product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
Governing Law
These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the P.R.C.
Dispute Resolution
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the China Arbitration Association and judgment will be entered on the award.
Orders Terms
All orders must be received with a cash payment, transfer or method of payment approved in writing by QHUI. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars or EURO.
Sales Tax
Applicable state and local tax will be charged on orders.
Freight
Unless otherwise stated with the Order, Purchaser will pre-pay for any freight costs associated with the delivery of Product to its destination. Local delivery charges may apply. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser, including without limitation duties, subsidies, insurance, brokers fees and surcharges, unless QHUI agrees in writing to be responsible for and pay such charges. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.
Electronic Commerce
Not available at the moment by QHUI website.
Miscellaneous
QHUI and Purchaser are independent contractors. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations will not affect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of QHUI. These Terms of Purchase, QHUI’s Order forms, quotations, invoices and catalog sales terms are incorporated by reference herein and constitute the exclusive and complete Agreement between QHUI and Purchaser. Provided the Terms of Purchase and any related documents are translated to an alternative language, the English version and any meanings associated with the translation will be interpreted based upon the English version.